What is the difference between eminent domain and inverse condemnation?

Eminent domain and inverse condemnation are two concepts related to property law in Florida. Eminent domain is the right of the government to take private property for public use. This power is granted to the government by the U.S. Constitution, and in Florida, the power is granted by state statutes. In a typical eminent domain situation, the government makes an offer to purchase a property owner’s land. If the property owner refuses, the government may proceed with a legal action known as a “condemnation” to acquire the land. In contrast, inverse condemnation is a process in which the government takes private property without first offering to purchase it. It is often used when the government has caused a landowner’s property value to decline due to public improvements. The government may not be willing to purchase the property as in an eminent domain case, so the landowner must file a lawsuit to collect compensation. In summary, the key difference between eminent domain and inverse condemnation is that in eminent domain, the government makes an offer to purchase private property, while in inverse condemnation, the government takes private property without an offer to purchase.

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What is the difference between eminent domain and inverse condemnation?

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